Deferred Sentences (ACT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

In the ACT, sentencing courts have the option of deferring sentencing for a period to give the offender the opportunity to address their behaviour prior to being sentenced. A deferred sentence is a valuable alternative to immediate sentencing that allows individuals who have been found guilty of an offence to demonstrate their commitment to rehabilitation and positive change. This sentencing option recognises that some offenders may benefit from additional time to address underlying issues that contributed to their criminal behaviour, such as substance abuse, mental health problems, or social circumstances. This page deals with deferred sentences in the ACT and provides comprehensive guidance on how this sentencing mechanism works within the territory's criminal justice system.

Legislation

Section 27 of the Crimes (Sentencing) Act 2005 provides the primary legislative framework for deferred sentencing in the ACT. This provision allows courts to release a person on bail and defer their sentencing for a period of up to 12 months if:

• the person has been found guilty of an offence punishable by imprisonment
• the person has not yet been sentenced
• the person is not serving, or liable to serve, a term of imprisonment for another offence
• the court considers that the person should be given an opportunity to address their criminal behaviour and anything contributing to it prior to being sentenced.

The legislation emphasises the rehabilitative purpose of deferred sentencing, recognising that immediate punishment may not always be the most effective approach to preventing reoffending. A deferred sentencing order may have any conditions attached to it that the court considers appropriate to give the offender the opportunity to address their offending behaviour. These conditions are tailored to the individual circumstances of each case and the specific factors that contributed to the criminal conduct.

Legislative Purpose and Intent

The Crimes (Sentencing) Act 2005 reflects a modern approach to criminal justice that balances punishment with rehabilitation. The deferred sentencing provisions acknowledge that some offenders may be better served by being given an opportunity to demonstrate positive change rather than being immediately sentenced. This approach aligns with contemporary sentencing principles that emphasise the importance of reducing recidivism and promoting community safety through effective rehabilitation.

Who is eligible for a deferred sentence?

Under section 116 of the Crimes (Sentencing) Act 2005, a court must only defer sentencing where it considers that:

• releasing the person on bail would allow them to address their behaviour
• if they were to comply with their bail and its conditions, the court might not impose as severe a sentence.

The eligibility criteria for deferred sentencing are deliberately broad to allow courts discretion in determining which offenders would benefit from this approach. Courts consider various factors when assessing eligibility, including the nature and seriousness of the offence, the offender's criminal history, their personal circumstances, and their willingness to engage with rehabilitation programs or address underlying issues.

Assessment Factors

When determining eligibility for a deferred sentence, courts typically examine the offender's motivation to change, their support systems, and their capacity to comply with bail conditions. Factors that may favour a deferred sentence include a guilty plea, expressions of remorse, first-time offending, mental health or substance abuse issues that can be addressed, and strong community ties. Conversely, factors that may work against eligibility include a significant criminal history, violent offences, or a demonstrated inability to comply with court orders.

Types of Offences Considered

While deferred sentences can be granted for any offence punishable by imprisonment, they are most commonly used for property offences, drug-related crimes, and other non-violent matters where rehabilitation prospects are good. However, courts may also consider deferred sentences for more serious offences where there are compelling circumstances that suggest the offender would benefit from additional time to address their behaviour.

Process for making a deferred sentence order

If a court is considering making a deferred sentencing order, it must first consider any pre-sentence report that has been prepared and any evidence that has been given by a correction officer about the offender. However, a court may make, or decline to make an order in spite of the recommendations of the report and/or Corrections.

When a court makes an order for a deferred sentence, it must give an indication of the penalty range that the offender is likely to receive if they comply with the order and the penalty range they are likely to receive if they do not comply with the order. This transparency helps ensure that offenders understand the consequences of their compliance or non-compliance with the order.

The court may require the offender to appear at court at times during the period for which their sentencing is deferred. These review hearings allow the court to monitor progress and make any necessary adjustments to the conditions of the order.

Pre-Sentence Considerations

Before making a deferred sentence order, courts carefully review all available information about the offender and the circumstances of the offence. This may include psychological reports, character references, employment records, and evidence of rehabilitation efforts already undertaken. The court's decision is informed by these materials, though it retains ultimate discretion in determining whether to grant a deferred sentence.

Setting Conditions and Timeframes

The conditions attached to a deferred sentence order are specifically tailored to address the factors that contributed to the offending behaviour. Common conditions may include participation in counselling programs, drug or alcohol treatment, community service, curfews, residence requirements, and regular reporting to authorities. The duration of the deferral period is determined based on the time needed to complete required programs or demonstrate sustained behavioural change.

Breaches of deferred sentence orders

Under section 120 of the Crimes (Sentencing) Act 2005, if the police believe that a person has breached the conditions of their deferred sentence order, they may arrest the person without a warrant and bring them before a magistrate or the sentencing court. Alternatively, a court may issue a warrant for the arrest of a person suspected to be in breach of an order.

After reviewing the order, the court may do any of the following:

• take no action
• warn the offender about the need to comply with conditions
• amend the conditions
• cancel the order (if there has been a breach or if the offender has applied for its cancellation).

If a deferred sentence order is cancelled, the court must proceed to sentence the offender. The court will consider both the original offence and the breach when determining the appropriate penalty, which may result in a more severe sentence than would have been imposed if the order had been successfully completed.

Types of Breaches

Breaches of deferred sentence orders can include failing to attend required programs, committing new offences, failing to report as required, or violating specific conditions such as curfews or non-association orders. The seriousness of the breach and its impact on the rehabilitation process will influence the court's response.

Benefits and Outcomes of Deferred Sentencing

Deferred sentencing offers significant benefits for both offenders and the community. For offenders, it provides an opportunity to avoid immediate imprisonment and demonstrate their commitment to rehabilitation. This can be particularly valuable for first-time offenders or those whose criminal behaviour is linked to treatable conditions such as substance abuse or mental health issues.

From a community perspective, deferred sentencing can lead to better long-term outcomes by addressing the root causes of criminal behaviour rather than simply imposing punishment. When successful, deferred sentences can reduce recid